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File #: DC-3781    Version:
Type: Regular Action Status: Passed
File created: 9/9/2024 In control: Board of Commissioners
On agenda: 9/24/2024 Final action: 9/24/2024
Enactment date: 9/24/2024 Resolution #: 24-485
Title: Closed Executive Session: Legal Strategy For Acquisition Of Property From Joseph Coury In City Of West St. Paul For County Project 6-06
Sponsors: Office Of The County Manager

DEPARTMENT: Office of the County Manager

FILE TYPE: Regular Action

 

TITLE

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Closed Executive Session: Legal Strategy For Acquisition Of Property From Joseph Coury In City Of West St. Paul For County Project 6-06

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PURPOSE/ACTION REQUESTED

Hold a closed executive session.

 

SUMMARY

The Dakota County Attorney has advised that prior to closing a County Board meeting, pursuant to the Open Meeting Law, Minn. Stat. Ch. 13D, the County Board must resolve by majority vote to close the meeting.

 

RECOMMENDATION

recommendation

The County Manager has recommended that a closed executive session be held pursuant to attorney-client privilege during the Dakota County Board meeting of September 24, 2024, to discuss the following:

 

                     the legal strategy in District Court File No. 19HA-CV-22-2865 concerning the Dakota County’s acquisition of certain property rights from Joseph Coury identified in Dakota County Right of Way Map No. 502 as Parcel 1 for County Projects 6-06.

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EXPLANATION OF FISCAL/FTE IMPACTS

Fiscal impact will be discussed in closed session.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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WHEREAS, to provide a safe and efficient transportation system, Dakota County and the City of West St. Paul (City) are proceeding with County Project (CP) 6-06; and

 

WHEREAS, CP 6-06 is a joint project between Dakota County and the City of West St. Paul which consists of installing a roundabout at the intersection of County Road (CR) 6 (Thompson Ave) and County State Aid Highway (CSAH) 73 (Oakdale Ave); and

 

WHEREAS, Dakota County is the lead agency for CP 6-06 with right-of-way acquisition; and

 

WHEREAS, to construct the recommended improvements, Dakota County acquired certain property rights from Joseph Coury identified in Dakota County Right of Way Map No. 506 as Parcel 1; and

 

WHEREAS, on September 11, 2024, the Dakota County Attorney's Office provided a confidential memorandum to the Dakota County Board of Commissioners explaining the legal strategy for accomplishing Dakota County's acquisition of the property rights identified in Dakota County Right of Way Map No. 506 as Parcel 1; and

 

WHEREAS, after review of the information contained in the confidential memorandum the County Board determined a closed session discussion with the County Attorney's Office was not required prior to providing the requested authority.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby approves the full and final settlement with Joseph Coury for the acquisition of  property rights identified by Dakota County Right of Way Map No. 506 as Parcel 1 for a total global amount of $70,000 as being in the best interest of Dakota County, and authorizes the County Attorney to arrange for final payment of the acquisition amount and to effectuate final settlement of the acquisition.

 

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PREVIOUS BOARD ACTION

None.

 

ATTACHMENTS

Attachment: None.

 

BOARD GOALS

   A Great Place to Live                                          A Healthy Environment     

   A Successful Place for Business and Jobs         Excellence in Public Service

 

PUBLIC ENGAGEMENT LEVEL

  Inform and Listen                Discuss                               Involve                               N/A

 

CONTACT

Department Head: Heidi Welsch

Author: Jeni Reynolds